Wahl v. Vetter

Citations

• 38 Pa. Super. 234
• 1909 Pa. Super. LEXIS 119

Syllabus

<p>Waters — Diversion of waters — Trespass—Alley—Evidence—Case for jury.</p> <p>1. Each of two adjoining landowners has definite rights to the use and enjoyment of his property, and each must concede something, for the preservation of the other. Where conflict is irreconcilable, right to use one’s own must prevail, but the owner may do so without compensation only where the resulting damage is not avoidable at all, or where the expense of obviating it would be practically prohibitory.</p> <p>2. In an action to recover damages for injuries to a building by water, the case is for the jury where the plaintiff shows that the injuries were caused by a broken spout and a defective hydrant maintained on the defendant’s land, and that these defects could have been easily remedied.</p>